Viewpoint: A Smart Strategy to Defeat âRight to Workâ
March 17, 2015 / Rand Wilson
Wisconsin is now the 25th state to adopt a so-called âright-to-workâ law, which allows workers to benefit from collective bargaining without having to pay for it.
It joins Michigan and Indiana, which both adopted right to work in 2012. Similar initiatives, or variants, are spreading to Illinois, Kentucky, Maine, Missouri, New Hampshire, New Mexico, and West Virginiaâand the National Right to Work Committee and the American Legislative Exchange Council probably have a well-developed list of additional targets.
Without aggressive action, the right-to-work tsunami will sweep more states. To defeat it, the first step is committing to fight back, rather than resigning ourselves to what some say is inevitable.
Weâll have to go beyond what weâve mostly been saying so far, which is that right to work is âunfairâ or âwrong.â
That argument certainly works for most union households and many of our community allies. But the real challenge is to convince a much broader public that a strong (and fairly-funded) labor movement is in their interest and worth preserving. Clearly most Americans arenât yet convinced.
Many unions over the last few years have undertaken important campaigns along these lines. For example, teachers unions have positioned themselves as defenders of quality public education. Refinery workers have struck for public safety.
Nurses and health care unions have fought for safe staffing to improve the quality of care. And most notably, the Service Employees (SEIU) and others have waged the âFight for $15â for fast food and other low-wage workers.
In its own way, each union is working hard to be a champion of the entire working class. Yet with the exception of SEIUâs Fight for $15, each is essentially focused on the issues of its core constituency at work. This still limits the publicâs perception of labor.
Supporters of right to work cynically play on the resentment many workers feel about their declining standard of living. Absent a union contract, the vast majority have few, if any, ways to address it. To most, organizing looks impossible and politics looks broken.
Workersâ understandable frustration is fertile ground for the far right, which promises to improve the business climate and create more jobs by stripping union members of their power.
Thus, when we anticipate right to workâs next targets, the best defense should be a good offenseâone that clearly positions labor as a force for the good of all workers.
âJust Cause for Allâ
Hereâs one approach that would put labor on the offensive: an initiative for a new law providing all workers with due process rights to challenge unjust discipline and discharge, âJust Cause for All.â
Such a law would take aim at the âat-willâ employment standard covering most non-union workers in the U.S. At-will employees can be fired for any reason and at any timeâwithout just cause.
While such a major expansion of workersâ rights as Just Cause for All would be unlikely to pass in most state legislaturesâMontana did it in 1987, but itâs still the only oneâit could become law in states that allow ballot initiatives.
A well-orchestrated attack on the at-will employment standard would force the extreme, anti-worker, and big business interests who back right to work to respond. If nothing else, imagine how competing initiatives would force a debate. On one side, extending due process protections and increased job security to all workers: a real right-to-work bill. On the other side, taking away fair share contributions for collective bargaining.
This strategy isnât untested. When the Coors beer dynasty backed a right-to-work ballot initiative in Colorado in 2008, labor collected signatures for a counter-initiative, âAllowable Reasons for Employee Discharge or Suspension,â which would have overturned at-will employment. (Labor also supported a proposal that would have provided affordable health insurance to all employees and a measure to allow workers injured on the job to sue for damages in state courts.)
Fearing that the just cause proposal might pass, centrist business people offered a deal. In exchange for labor withdrawing its proposal, they provided financial support and manpower that helped labor defeat right to work in Colorado. (For more on this story, read âThe 2008 Defeat of Right to Work in Colorado: Is it the End of Section 14(b)?â Raymond L. Hogler, Labor Law Journal, Spring 2009.)
While itâs unfortunate that the labor initiative didnât go before Colorado voters, the result was still encouragingâand instructive. By championing the interests of all workers, labor split business and blunted the right-to-work effort.
To win back âfair-shareâ participation in the three new right-to-work states and stop further attacks, weâll need well-planned campaigns that include grassroots mobilization, direct action, paid and earned media, and focused electoral work.
Just Cause for All campaigns should be part of the strategy. Even if we lose, campaigns for due process and job security for all will help shift the debate on right to work, leave the labor movement strongerâand make labor and its allies once again the champions of the â99%.â
About the Authoer:Â Rand Wilson is policy and communications director at SEIU Local 888 in Boston.
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